We­in­stein’s lawyers: Ev­i­dence un­der­mines rape charge

Daily Freeman (Kingston, NY) - - STATE NEWS - By Tom Hays

NEW YORK >> A woman who claims Har­vey We­in­stein raped her in 2013 at­tended one of his screenings the same day of the al­leged as­sault, We­in­stein’s lawyers said Fri­day in a let­ter to a New York City judge over­see­ing his crim­i­nal case.

The let­ter says a friend of the al­leged vic­tim re­ceived an in­vi­ta­tion to the screen­ing and re­sponded to an as­sis­tant for We­in­stein in an email that the two would at­tend. When the email came to its at­ten­tion, the de­fense team in­ter­viewed the friend, who con­firmed that they went to the event and met up with We­in­stein there, the let­ter says.

The ac­count calls into ques­tion “why would an al­leged rape vic­tim go out of her way to spend time with her ‘rapist’ merely hours af­ter she was al­legedly at­tacked,” the let­ter said.

The let­ter also claims that the wit­ness had al­ready dis­closed the in­for­ma­tion to New York City Po­lice Depart­ment in­ves­ti­ga­tors but it was never dis­closed to the de­fense le­gal grounds for dis­miss­ing the charges.

The Man­hat­tan dis­trict at­tor­ney’s of­fice re­sponded on Fri­day with its own let­ter ac­cus­ing the de­fense of try­ing to dis­tort the core facts of the case.

“That the de­fen­dant has a mis­guided and an­ti­quated view of how a rape vic­tim should re­act af­ter hav­ing been as­saulted does not change this re­al­ity,” it read.

The fil­ings fol­lows one last month in which We­in­stein’s

Pros­e­cu­tors dropped part of the case in Oc­to­ber af­ter ev­i­dence sur­faced that a de­tec­tive coached a wit­ness.

lawyers said the same friend told de­fense in­ves­ti­ga­tors that We­in­stein and the rape ac­cuser had been “hook­ing up” con­sen­su­ally for a long time and that she never heard the ac­cuser say any­thing bad about him un­til last year. The friend has not been iden­ti­fied in the court pa­pers.

Pros­e­cu­tors dropped part of the case in Oc­to­ber af­ter ev­i­dence sur­faced that a de­tec­tive coached a wit­ness.

Three of the five re­main­ing charges stem from the al­le­ga­tions at the heart of the re­cent de­fense fil­ings, that We­in­stein raped a woman in a ho­tel room in March 2013. The two other charges al­lege that We­in­stein forcibly per­formed oral sex on an­other woman in 2006 at his Man­hat­tan apart­ment.

MARK LENNI­HAN— AS­SO­CI­ATED PRESS

In this Oct. 11, 2018 file photo, Har­vey We­in­stein en­ters State Supreme Court in New York.

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